Advice - Options to stay with wife in US while sponsorhsip gets processed

[jr23]

Hi All,

Would really appreciate if you could give any suggestions/help on any of the following because my fiancé and I seem to be lost!

1.   I am currently in the US doing my masters (finishing up in May 2009) and have a Canadian PR. My fiancé who is in Sri Lanka and I plan to get married this December (2008), however, we cannot start on the paperwork as soon as we get married, since I need to finish my masters and most importantly I need to establish residence in Canada. We were thinking of leasing out an apartment in Canada from May/June 2009 for the purpose of establishing residence. Eventhough we would lease an apartment, I would not be moving to Canada, she would join me in the US till the Canadian paperwork is sorted out. Do you have any comments or any other suggestions on this? 

2.   If I've understood the process clearly, how it works is that the application is first processed in Mississauga, if CIC approves it a letter of approval would be mailed to my Canadian address. In the meantime the papers would be transferred to the Canadian embassy in Sri Lanka. If everything is in order within 5 – 9 months the visa would be processed. And the embassy would inform my fiancé to hand over the passport for the visa to be processed.
(a)   how long does it generally take for the embassy to return the passport?
(b)   does my fiancé have to go in person (if an interview is not required) to hand over the passport or can it be mailed directly to the embassy?
(c)   If my fiancé moves to the US to be with me till the papers are processed, once the papers are processed in Mississauga can we get the papers processed in the US instead of Sri Lanka. If so, how does it work?


Any help will be much appreciated. Thank you!!!!!!!

[RPM]

If you are a PR, you need to be living in Canada to be able to sponsor your wife to Canada. If the immigration finds out that you are not staying in Canada (though you have an apartment lease) they might refuse you for sponsorship application. I found this information the below 3 threads in this forum itself. So, before you proceed, check again.

Leaving Canada after submission of sponsorship
PR and marriage regestration advise needed!!!!!!
Apply for PR for husband and travel abroad!!

[jr23]

Hi RPM,

Many thanks for the quick response, will definitely check the threads you noted. Do you know what needs to be proven to show intent to reside in Canada?  Obviously, an apartment, job offer, maybe a business license?

I sincerely intend to reside in Canada, I just need some time to sort out some personal matters in Sri Lanka, and then will reside in Canada.  Do you see any other options available to us? 

What if both myself and my wife come to the US, and then I move to Canada and apply for sponsorship?  Will it be a problem that she is not in her home country? Once I receive the acceptance of my application, then apply for a tourist visa for my wife for Canada (apply at Canadian embassy in US) using duel intentionality? 

[RPM]

Apart from proving your intent to remain in Canada, if you go back to the US, the authorities will send approval's to your Canada address. Not sure how will you manage to get the correspondence if you leave Canada.

From what I know, if your wife is visiting you in US and then again getting a tourist/temporary visa to Canada to be with you, you can apply for her PR after you re-locate to Canada Permanantly. But remember, if you are a PR the immigration officers might(chances are there) reject your wife's Tourist visa because her intentions to remain in Canada are permanant. Specially from South asian countries, I have not seen many (of course there are exceptions) tourist visa approvals, while the PR process is about to start/in progress. So, check this a little more.

Also, read the below link, I think it will answer your doubts.
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

I hope someone with more knowledge would be able to suggest a better solution.

[RPM]

Further to my previous post, just to bring this to your attention, the processing time if you apply for your wifes PR is about 12-18 months
if you are applying from with-in Canada where as its approximatly 6-12 months from outside Canada. Also she cannot work when the application is in process (she will need a regular work permit).

http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq12.asp

[jr23]

Hi RPM,

THANKS, so much... so you are saying that my wife's visa application (after say I apply to sponsor her) is prone to get rejected - i thought the dual intention doctrine allowed for this?

I really want to be with my wife after we get married...i hope there is some option available for us. 

thanks RPM and everyone and please let us know if you have alternate suggestions. 

JR

[RPM]

jr23, dual intent is still a very valid option. I am just saying that there is a possibility of a refusal because I have seen tourist visas being refused sometimes...

I was going through Leon's(one of the very knowledgable persons on this forum) post. See below. Wife can still get a tourist visa I think.

http://www.canadavisa.com/canada-immigration-discussion-board/apply-for-pr-for-husband-and-travel-abroad-t9095.0.html